UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/556243
APPLICANT: Fresenius AG
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CORRESPONDENT ADDRESS: SCOTT D. WOLDOW SMITH, GAMBRELL & RUSSELL, L.L.P. 1850 M STREET, N.W., SUITE 800 WASHINGTON, DC 20036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: FREEFLEX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 033716WZ020
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/556243
The assigned examining attorney has reviewed the referenced application and determined the following.
The identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01.
The applicant may adopt the following identification of goods, if accurate:
International Class 5; pharmaceutical preparations, namely, infusion solutions for prophylaxis and treatment of hypovolemia, namely, macro-circulation and micro-cirulation disturbance, for the treatment of therapeutical hemodilution, of acute normovolemic hemodilution and as plasma substitute for blood replacement;
International Class 10; medical instruments, namely, containers and bags for medical liquids and solutions; AND,
International Class 16; pvc-free packaging materials, namely, __________ (the applicant should indicate the material content of the packaging materials) for use in storing medical liquids and solutions.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
Translation of Foreign Certificate Required
The applicant must submit an English translation of the foreign registration. 37 C.F.R. §2.34(a)(3)(ii). It is customary for the translator to sign the translation. TMEP §1004.01(b).
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
/Matthew C. Kline/
Trademark Examining Attorney
Law Office 114
(703) 308-9114 x 148
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.